RAM CHANDRA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant suffered conviction under Section 324 of the Indian Penal Code (IPC) on being tried by the Additional Sessions Judge XI. Patna, in Sessions Trial No. 833 of 1986 and was sentenced to undergo rigorous imprisonment for two years.

(2.) THE facts of the case are too short for elaboration. While Arvind Kumar (PW 8) was chatting with his villagers, namely, Ranjit Prasad (PW 5), Bundeshwar Prasad (PW 6), Jagdish Prasad (PW 4), and Jhagaru Paswan on a culvert, which situates west of the village Faridpur, about collection of subscription for celebrating Laxmi Puja, it was alleged that Ram Chandra Choudhary (appellant) abruptly came there and registered protest about collection of subscription exhorting others not to pay subscription for the purpose. It was alleged that after Arvind Kumar registered protest to the exhortion made by the appellant, not exchange ensued between them, following which the appellant dealt dagger blow on the left arm of Arvind Kumar and, cautioning others not to follow him, retired from the place of occurrence.

(3.) A police case was registered on behalf of Arvind Kumar and investigation commenced, on conclusion of which, the Police submitted charge -sheet before the Court and the appellant on being committed to the Court of Session was eventually put on trial. In the eventual trial, the prosecution examined altogether 11 witnesses and the trial Court placing reliance upon them, rendered verdict of guilt sentencing the appellant in the manner stated above. It would not be out of place to mention here that though the appellant stood charged under Section 307, IPC, the trial Court, on consideration of the evidences placed on record and also regard being had to the attending circumstances of the case, while finding the appellant not guilty under Section 307, IPC, convicted him under Section 324, IPC and sentenced him as such. All the witnesses examined during trial, barring PW 1, PW 2, and PW 10, who were formal witnesses, as also the doctor, who was PW 11, claimed to be the ocular witnesses of the occurrence. The doctor examined the injured and noticed incised wound of 1. - 1/2" x 1/6" x 1/2" on the left arm on the person of Arvind Kumar. The injury was found to be simple in nature caused by a sharp cutting weapon.